26 November 2021

M2A Breaking News – November 2021

France issues decree relating to the identification of hazardous substances in products that generate waste


This decree provides for informing consumers about the presence of “extremely worrying” chemicals in products sold in France

This decree identifies through its article 1 the dangerous substances within the meaning of article L. 541-9-1 of the environment code, the presence of which in waste-generating products must be the subject of information to the consumer. It intervenes within the framework of Regulation (EC) n ° 1907/2006 which provides in its article 33 that any consumer can ask an article supplier to inform him of the presence of substances of very high concern, with a concentration greater than 0,1% w/w. The list of substances of very high concern changes every six months; as of July 8, 2021, it listed 219 substances.

These 219 substances are considered to be a priority at European level for substitution both in terms of their use and their incorporation into articles. Regulation (EU) No 1272/2008 has obligations relating to the classification, labeling and packaging of chemical substances and mixtures, labeling being the main vehicle for providing information to consumers.

California Governor signs bill to limit recycling claims


The legislation outlines specific criteria required for consumer products and packaging recyclable

California Governor Gavin Newsom signed SB 343, Truth in Labeling for Recyclable Materials. This bill is intended to reduce recycling contamination and consumer confusion with respect to recycling.

More specifically, SB 343 declares use of the “chasing arrows symbol,” the chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating recyclability, to be deceptive or misleading unless the product or packaging is considered “recyclable” (as discussed further below).

The legislation outlines specific criteria required for consumer products and packaging to qualify as “recyclable,” including the following for plastic packaging in particular:

The packaging does not include any components, inks, adhesives, or labels that prevent recyclability and the packaging is not made from plastic or fiber that contains perfluoroalkyl or polyfluoroalkyl substances (PFAS) above 100 parts per million or that contains any intentionally added PFAS.